Fruit of the Poisonous Tree
by shywr1ter
Summary: Written for NFA's "Fixit fic" Challenge. This is what could have happened in "Mother's Day" after Joann's basement confession if the writers had gotten a legal opinion. M. Allison Hart shouldn't be so snide about "Law School 101" if she doesn't get it right, either.


**A/N:** Written for the NFA Fixit Fic Challenge. All the dialogue in italics in the opening sections, as well as the portions at the end, is from the episode, _"Mother's Day,"_ even though by the end the speakers have changed. This includes more talking from Gibbs than in a whole season of episodes, but he has a few points to make. Hope it's not too OOC. The writers' resolution of that case was just ... wrong. Guess their legal advisors were on vacation that week.

 **Re WIPs:** Thanks to all of you who have been asking when they'll be updated. New chapters are in varying stages of progress for _Pretending, The Heart Hears,_ and _A Person of Some Consequence_. I know that when I have time for fic I need to put it there, but I had to respond to this challenge - this episode has been bugging me since it aired.

 **FRUIT OF THE POISONOUS TREE**

 _I need to talk to her... alone._

 _No._

 _No?_

 _She's my client now. You're lead on the investigation. That can work against her best interests._

 _She's your client because I asked you._

 _Was your mistake. By the way, you're out of beer. Could you please get some light beer? This crap you drink... ooh, it's doing a number on me._

 _She's family. I need to talk to her._

 _I'll advise my client against it, but it's up to her. What are you up to, Mr. Gibbs? ... You really want to talk to her?_

 _Yeah. I want some answers. I want the truth._

 _Law school 101. Truth's overrated._

* * *

 _Is this your personal torture chamber?_

 _The only person ever tortured down here is me._

 _... I know everything, Joann. You knew that you couldn't get Shannon and Kelly's real killers, and so you went after Norton. Guilty by association ... that ex-cop you hired to go to Arizona to look for Norton... The Reynosa cartel... they knew he was snooping around and they killed him. So you found Norton... you did, and you charmed him and... you killed one man, you framed another, and you... planned it all like a pro. Really, are you that smart?_

 _I'm just a mother who lost everything she loved. Shannon and Kelly..._

 _Norton didn't kill 'em._

 _But I know who did._

 _How'd it feel, hmm? Satisfying?_

 _Oh, Jethro. The night that he proposed, he was holding me in his arms. I whispered our girls' names in his ear. Then I pulled the trigger one, two, three times... and I watched him die. Nobody ever need know. You and I both did what we did... for them._

 _...You are under arrest for the murder of Captain Joseph Norton, for tampering with evidence, for interfering with a criminal investigation._

 _Mr. Gibbs, you just arrested my client illegally and unlawfully. You interrogated her without proper citation of her Miranda rights, and you coerced a confession. If you don't release her right away, I will pursue legal action._

 _The case'll never stick, right?_

 _You just made a very big mistake._

Gibbs straightened, looked long and hard at M. Allison Hart, and shook his head. "Not me." He grimaced as he glanced down at his mother-in-law – _former_ mother-in-law, as she clarified so bitterly to Ziva – and said, "I _am_ sorry, Joann. For a lot of things."

Turning back to the fuming attorney, Gibbs fixed her with a critical eye. "I may not be a $1200 an hour lawyer like you, but I _have_ been around criminal investigations and murder cases for a while. I'm starting to think you haven't." He walked up close to her, up in her personal space, and watched as the barest glimmer of insecurity flashed in Hart's eyes. "You're right, I didn't Mirandize her – but I didn't _have_ to," he growled, his voice low. "This was _not_ a custodial interrogation. Joann was not in custody, and was free to leave whenever she liked. Mistake number one, counselor. Mistake number two – our conversation wasn't even _close_ to coercion. I laid out the facts, asked her two non-threatening questions – and she told me how she murdered the Captain. You know damn well there was nothing coercive in a discussion like that."

He'd seen the recognition dawning in the attorney as her fiercely angry expression started to crumble in the smallest of stages. Backing off a few inches, Gibbs turned as he pulled out his phone and punched in his top speed dial number. When a tinny voice sounded in his hand, he grunted, briefly, "need someone to transport and process a suspect." A moment's pause later, he added, "my house." Gibbs snapped the phone shut and shrugged, almost lightly, "of course, you might have something to squawk about with the fact that we discussed Norton's murder without you being present, but I _told_ you I needed to talk to Joann, and specifically told you that I wanted answers – that I wanted the _truth_. You remember what you said, M. Allison Hart? You tossed off some BS about truth being overrated, and that you would advise against it – _but then you said it was up to Joann._ And not two hours later, here she comes, all by herself, for a chat. Sure looks like a waiver of counsel to me." He shook his head. _"_ You _really_ want _that_ little bit of legal advice to make the rounds, _Mizz_ Hart?"

He saw it – that moment when the hot-shot lawyer realized how badly she'd screwed this one up. She started mentally writing a cover-her-ass letter to her E & O carrier. Her second major screw up this year, too; her rates would go through the roof. She briefly wondered if she could avoid having her partners find out about this one...

"But okay – let's say I did everything wrong here," the agent continued. "Let's say I screwed the pooch, and the judge is willing to call it an illegally obtained confession. Screw up number _three_ for you, Mizz Hart, and it's the _big_ one – any first year law student damn well knows this won't shut down the case – he's only gonna suppress the confession."

Joann suddenly roused a bit at that, turning first to Jethro, then to her lawyer, who was considerably paler than when she first charged down the stairs. "What is he saying ... ?" Joann blinked, dazedly. "Ms. Hart?"

Gibbs' cold stare drilled into Hart's unsteady gaze. "You've seen all of the reports, the analyses that Abby and Ducky did, and you know they have her dead to rights as the killer without one word out of her mouth. It didn't matter what she said here; didn't even matter if she came here or not – we've got our killer. Hell, I thought that was why she showed up, why you let her come without you, why she spilled it all so fast – I figured you sat her down, told her her chances, and you two decided you'd get a break from me if she just gave it all up." He stared back at Hart and suddenly barked a short, humorless laugh. "Guess you missed that day in first year criminal law class, but the case is just fine, with or without Joann's admission." He mused silently a couple moments, then shrugged, "I thought you were better than this, _Mizz_ Hart. I sure the hell hope you're better at transactional law and contract cases than you are at criminal defense 101." He looked back at the increasingly confused Joann, and said, sincerely, "you want my non-Georgetown-educated legal advice? Ask for a plea bargain – no record, elderly, emotional circumstances – you'll be given as good a deal as they hand out around here, Joann ..."

But M. Allison had rallied, and new fire burned in her eyes. "Not so fast, Mr. Gibbs. You press this and I'll pursue an investigation about your own actions..."

"Investigated and closed without findings at Pendleton," he shrugged. "Years ago. _Bring it_. The people who would care know enough already. Besides, even if you bring me down, nothing will change in this case: the evidence is clear, chain of custody is solid, and my entire team knows it all, with or without my involvement." He briefly cast his eyes overhead, reacting to something only he heard, then added, "and Dinozzo's about to come down those steps to take Joann into custody and start her processing. So it won't matter what you do or don't do to me." He paused, softening his voice slightly, as DiNozzo started down the basement steps. "She doesn't need an outside case against me to get a good deal. First offense, grieving mother – and if you don't have the contacts, ask around. The defense bar around here is very familiar with local psychologists and psychiatrists, and which ones might even be moved to find that the loss of her family made Joann incompetent at the time of her crime. Worth a look." He shrugged again, and turned to Joann. "If that doesn't pan out... take a plea," he said again. "I'll testify at your sentencing, if you want. I've been out here a while and know most of the judges. They usually listen to me."

"Boss?" DiNozzo stepped closer, carefully inserting himself in the conversation. His handcuffs dangled from his left hand, but he made no move to put them on Joann.

" _Well."_ M. Allison ground out, under her breath. _"You won."_

" _Did I?"_ Jethro stared long at the lawyer, looking for more, but she simply broke eye contact to stare at the floor. The agents, long used to this moment across many crimes and many perpetrators, could hear the wheel starting to turn as the bested lawyer mentally scrambled to decide how she could have so badly misjudged this case and basic criminal law, and to look for ways to extricate first, herself, then, her client, from the mess she'd allowed to happen.

As if reading his boss's mind, Tony shoved his cuffs back in his pocket, and simply took Joann's arm at the elbow. "Ms. Fielding?"

With a silent nod, now deflated, Joann rose to walk along with the agent guiding her to the steps.

" _Take care of yourself, Joann,"_ Gibbs called out behind her, softly, the guilt coming back in a wave to gnaw at him.

She stopped. Slowly, she turned, and Shannon's mother looked again at the man who married her daughter – the father of her beloved granddaughter. At least she finally had her revenge, after all these years, and had even managed to wait to take it until they were in Jethro's backyard. All this time she had wondered why it had felt so important that she do it here, risking Jethro's involvement. Looking at him now, she knew – true, he'd taken her girls from her, he wasn't there for them when they died – but she could see how he'd suffered as much as she had, and no matter the pain she felt or her anger for his acts, all those years ago, there was no denial that he loved her girls with all his heart, and that he made them both very happy and content for their short lives.

With a sigh, Joann wavered slightly as her eyes misted. Feeling Tony grip her arm a little more firmly, bearing her up, she met the Marine's haunted stare and managed a sincere, sad smile. _"You, too, Jethro."_


End file.
